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A Step Toward Ending Israel's Impunity
Evidence, indeed, suggests that Israel committed war crimes and crimes against humanity before, during, and after its winter assault on the Gaza Strip. Long before the attack, Israel had imposed a ruinous siege on Gaza, collectively punishing its residents for choosing Hamas in democratic elections in January 2006. During the December-January invasion, Israeli troops apparently killed civilians without justification, wantonly destroyed civilian infrastructure and private property, used weapons illegally, and abused Palestinian detainees. Since a January cease-fire, Israel has blocked relief supplies to Gaza, and it continues to attack and kill Palestinians.
Individual misconduct does not explain Israel's offenses during the invasion; lax rules of engagement were the root problem. Israeli military lawyers classified any Palestinian who remained in an area after a warning of an impending attack as a "voluntary human shield" and therefore a combatant subject to attack. Warnings were issued via leaflets, cell phone calls, and in some cases, bombing of a building's corners (before the roof was collapsed by additional fire). Yet Gaza Palestinians were barred refuge outside of the tiny strip, and thus were denied effective flight. Israeli jurists also approved the bombing of a police cadet graduation ceremony; in total, some 250 civilian Palestinian policemen lost their lives during the invasion. Military rabbis exacerbated matters, counseling that Israeli soldiers show no mercy to Palestinians.
Such elastic definitions of "combatants" defy well-settled international law. Yet Daniel Reisner, the former head of the International Law Division of the Israeli Military Advocate General, recently claimed: "If you do something for long enough, the world will accept it. The whole of international law is now based on the notion that an act that is forbidden today becomes permissible if executed by enough countries ... International law progresses through violations."
Hamas, in its indiscriminate rocket attacks on Israeli civilians, also committed war crimes, and should be held to account. Yet Hamas' violations have no power to alter the terms of international law. Israel, by its capacity to defy the world community - and because its doctrines have been followed by some other nations, including the United States - jeopardizes the status of international law in a way that Hamas cannot.It is true that new customary international law is formed by the actions of states and the acceptance of those actions as lawful by other states. Israel, however, misconstrues the sullen impotence of the world to curb its excesses for acceptance of the lawfulness of its actions. That is a grave mistake.
In fact, Israeli abuses are deeply resented across the globe. To the extent the United States has emulated them - torturing detainees, for example, or assassinating foes by unmanned drones that commonly kill innocent civilians along with their intended targets - we engender similar enmity against us.
Powerful states often promote legal principles that favor their interests, without regard for how the rule might be applied against them. Before the Israeli attack on Gaza, Hamas had repeatedly warned that it would resume rocket fire if Israel did not lift the siege. Did this render all of southern Israel a free-fire zone? Would we, in the United States, agree that our civilian police forces are fair game for our enemies?
Israel's attempted legal innovations are simply bad for humanity, and our response to them should be: "No thanks." For too long we have indulged that country, bestowing it $3 billion annually in military aid since 1973 and repeatedly vetoing resolutions in the U.N. Security Council holding Israel accountable for its serial violations of international law.
Times are changing, and our policies must now change as well. The Obama administration should back the Goldstone mission in word and in deed. The United Nations Human Rights Council, which appointed Mr. Goldstone, is often derided by Israel's defenders for its focus on Israeli human rights abuses. In fact, that relatively toothless body would have little role in this issue were the Security Council not so derelict - because of U.S. obstructionism - in its duties. Mr. Goldstone (who happens to be Jewish, and has ties to Israel) holds impeccable credentials and repute for great personal integrity. He is the right person to start salvaging international law from the damage it has suffered in recent years.
International law protects weak and strong alike, and we ignore its continuing abuse at our peril.
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13 Comments so far
Show AllGoodluck with Obama supporting Goldstone. I believe Obama quietly pressured the Spanish PM in the two recent personal encounters they had, to get Spains AG to blatantly contradict himself on a number of legal valid viewpoints. Thus the Spanish AG took the Bush Six Torturers Prosecution off the table.
Is there no hope for legal justice in this world? Thank god the Law of Karma is not controled by peoplekind
I wonder where these Israeli military lawyers studied law. Maybe at Roland Freisler Law School, together with some members of the Bush' team?
>> To the extent the United States has emulated them - torturing detainees, for example, or assassinating foes by unmanned drones that commonly kill innocent civilians along with their intended targets - we engender similar enmity against us.
I suggest that the USA was practicing such long before what is suggested.
All that happned is the eyes of the world begin to OPEN just as they do with Israel.
We should not try and suprress this opening of our minds with more myths and falsehoods because it makes us feel uncomfortable to recognize the truth.
In the Moros rebellion alone the USA killed more Civilians then the total civilians killed by Israel since 1948.
Apparently just as it is with Israel, it enough for far too many people to believe the propoganda spewed by their Governments when those Governments proclaim they are "Moral" and fight only in self defense or to defend liberty and justice.
Israel's bad faith is perfectly illustrated by its demand that Hamas crack down on those firing rockets, while murdering the police whose job it was to enforce that demand.
Israel only pretends to want peace. QED.
I agree with Glenn, absolutely no chance, Obama has already made it clear even before he was elected by his speech at AIPAC. 30Bil in additional military gifts to Israel in the coming years. We have seen that Israel continues to receive arms shipments, even though they are used to target women and children and civilians in a whole raft of war crimes. (See Dr. Richard Falk's UN report)
Another point of context that Dr. Bisharat does not mention here: if Israel is held accountable for its war crimes and crimes against humanity, the Great Enabler (the USA) is also guilty. The USA has even ignored the Arms Export Act and continues to protect Israel from any sanctions or UN resolutions. The rest of the world sees this very clearly. Even if the USA decided to turn on Israel and hold it accountable, it would have to face up to its own war crimes somehow. The Empire is above the law.
Israel has announced that it will not cooperate with the UN inquiry - is anyone surprised?
That being the case, any report will be trumpeted as being "one-sided", which in turn will make it controversial and ultimately ignored.
Clearly the US must call for a pre-emptive strike on the rogue nation of Israel unless it agrees to cooperate with the UN inquiry. The UN should then follow up with a weapons inspection tour.
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A Sane Suggestion
It is difficult, given the power of the Israeli lobby in Washington, to imagine an American president being able to say anything that smacks of being less than 100% supportive of Israel. Yet, we see the Obama Administration warning Israel not to attack Iran.
I believe that President will have the gumption to resist Israel if they try to launch military action of the scope they did when Bush was in office. And, there is a chance the Israel may yet overplay its hand here in America. If they think the average American has a lot of love for the Jews, than they really don't understand the public as well as the think they do.
After all, the prosperity of the Jewish bankers in post WWI Germany set up Hitler's rise to power. The recent revelations of the larcenous hearts of bankers here in could bring about a backlash, yet.
There is no impunity enjoyed by Israel or the USA. Both are absolute corrupt and failed nations. The USA, based on absolute hypocrisy from the begining, and Israel based on a failed doctrine of superiority of nationhood based upon a non existing deities favor. Neither can be trusted to keep their promises, or abide by laws they themselves expect others to keep. They both engage in genocide and wholesale destruction of others they deem enemies, while claiming the opposite. Both will lie, cheat, steal and then lie about their lies, cheating and stealing---all the while condemning others for the same.
It is simply a matter of time, and circumstances but they are doomed to failure.
Whatever evolves from the collapse---could be any one's guess, but history shows that it will occur-----it has occurred far to many times in the past.
If there is to be any future for 'mankind', they must learn from the mistakes of the past, eliminate "conservative thinking" and there are no better "negative examples" than the USA and Israel.
Good Luck America, you really need it.
Amen to that Glen Ford.
They may not believe in karma, but karma surely believes in them..
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Tell President Obama to sever all relations with the State of Israel. The United States needs to put oceans between it and these Zionist War Criminals.
Immediately stop ALL FUNDING and MILITARY AID to Israel, that Evil Rogue State.
Join with the United Nations in making the Near East a NUCLEAR FREE ZONE......remove those 300++Nuclear "Dooms Day" Missles from Tel Aviv.
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"Immediately stop ALL FUNDING and MILITARY AID to Israel, that Evil Rogue State."
Unfortunately JAM4, the United States has become an Evil Rogue State by its own violations of international law and now with Obama's decision to let C.I.A. torturers and other torturers off the hook because they were ordered to torture, with the JUSTICE DEPARTMENT [laugh] making it clear that torture was LEGAL under the circumstances of this WAR ON TERROR and all that nonsense.
As a nation of Law, as a nation of truth, honor, justice and on and on with those meaningful words, we have violated them all. "Words MUST mean something," said Obama to the Chechs on April 5, 2009. Yes, Mr. Obama, now we know what hypocrisy, dishonesty, injustice, inequality, cruelty, etcetera, truly MEAN.
We are finished. The seeds of our corruption have not only sprouted, but have grown into a twisted tree of many gnarled branches in which vultures perch, clamping in their beaks the bloody remains of Lady Liberty. And further, the Congress of the United States voted overwhelmingly, in a non-binding, symbolic resolution, to protect and defend and support Israel, even as Israel was relentlessly creating hell on earth for the Gazan Palestinians caught in their open-air Auschwitz-style concentration camp.
It IS time for a CHANGE, and this time it must come from the Righteous Anger of THE PEOPLE from all walks of life and from every religious persuasian or free-thinking group.
Reread The Declaration of Independence.
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